No. 21534-KA Precedential Processed

State v. Winston

Louisiana Court of Appeal, Second Circuit · Filed June 20, 1990 · 567 So. 2d 1131

Also decided on this docket: La. Ct. App. 2d Cir., September 26, 1990 567 So. 2d 1131

Cited by

State ex rel. A.A.S. 711 So. 2d 319 La. Ct. App. 2d Cir. 1998
State v. Wyatt 591 So. 2d 761 La. Ct. App. 2d Cir. 1991
State v. Miller 587 So. 2d 125 La. Ct. App. 2d Cir. 1991
State v. Smith 576 So. 2d 105 La. Ct. App. 2d Cir. 1991
State v. Winston 572 So. 2d 54 La. 1991

Opinion text

HIGHTOWER, Judge, dissenting. I disagree with the conclusion that a nine-year hard labor sentence for a 38-year-old distributor of crack cocaine, who presents an undue risk of committing other crimes, is excessive. Indeed, the present offense occurred when he positioned himself on a street corner to ply his enterprise with, the facts strongly suggest, more than “one rock” available for commerce. I respectfully dissent. Before MARVIN, C.J., and FRED W. JONES, Jr., SEXTON, NORRIS and HIGHTOWER, JJ.